Sen. Celina Villanueva

Amends the School Code. With regard to the textbook block grant program, provides that the textbooks authorized to be purchased must include the roles and contributions of all people protected under the Illinois Human Rights Act and must be non-discriminatory as to any of the characteristics under the Act. Provides that textbooks purchased with grant funds must be non-discriminatory. Provides that in public schools only, the teaching of history of the United States shall include a study of the roles and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this State. Effective July 1, 2020. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 246, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Correctional Note (Dept of Corrections) There is no fiscal or population impact on the Department of Corrections. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in House Bill 246; therefore, there are no appraisals to be filed. State Debt Impact Note (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Judicial Note (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State of Illinois. Pension Note (Government Forecasting & Accountability) This bill does not impact any public pension fund or retirement system in Illinois. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Home Rule Note (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. Fiscal Note (IL State Board of Education) This bill will not have a fiscal impact on the State Board of Education.

Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Repeals a provision making the Article inoperative on and after June 30, 2019. Effective immediately. House Floor Amendment No. 2 Deletes reference to: 305 ILCS 5/16-7 rep. Adds reference to: 305 ILCS 5/16-7 Replaces everything after the enacting clause. Amends the Survivor Support and Trafficking Prevention Article of the Illinois Public Aid Code. Provides that the provisions of the Article are inoperative on and after June 30, 2022 (rather than June 30, 2019). Effective immediately.

Amends the Equitable Restrooms Act. Provides that all restrooms that are open and accessible to the public in a public building shall be equipped with baby changing facilities that are physically safe, sanitary, and usable for that purpose. Provides that the requirement is in addition to any accommodations that may be made for individuals in accordance with any local, State, or federal laws regarding access for persons with disabilities and to existing fire, health, and safety codes or standards. Defines "public building". Makes a conforming change. House Floor Amendment No. 1 Deletes reference to: 410 ILCS 35/20 Replaces everything after the enacting clause. Amends the Equitable Restrooms Act. Requires every public building with restrooms open and accessible to the public to have at least one safe, sanitary, convenient, and publicly accessible baby diaper changing station that is accessible to women entering a restroom provided for use by women and one that is accessible to men entering a restroom provided for use by men, or at least one such baby diaper changing station that is accessible to both men and women. Provides exceptions to the requirement for: industrial buildings, nightclubs, or bars that do not permit anyone who is under 18 years of age to enter the premises; restrooms located in a health facility, if the restroom is intended for the use of one patient or resident at a time; and renovations, if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities. Requires a public restroom that is open and accessible to the public and includes a baby diaper changing station to include signage at or near the entrance to the baby changing station indicating the location of the baby diaper changing station. Provides that the requirements are not enforceable by a private right of action.

Creates the Home Birth Maternity Care Crisis Study Committee to provide the General Assembly a consumer-focused, evidence-based solution to the Illinois Home Birth Maternity Care Crisis. House Floor Amendment No. 1 Changes the date that the final report is due.

Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2020. House Committee Amendment No. 1 In provisions amending the Illinois Insurance Code, provides that it is unlawful to refuse to insure, to refuse to continue to insure, to limit the amount, extent, or kind of coverage available for life insurance, disability insurance, or long-term care insurance to an individual, or to charge an individual a different rate for the same coverage, solely because of the individual's status as a living organ donor (rather than providing specific prohibitions on denial of coverage and cost of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies). Provides that with respect to all other conditions, as persons who are living organ donors shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as are persons who are not organ donors. House Floor Amendment No. 2 Deletes reference to: 625 ILCS 5/6-117 from Ch. 95 1/2, par. 6-117 Adds reference to: 755 ILCS 50/5-47 Replaces everything after the enacting clause. Reinserts the introduced bill, as amended by House Amendment 1, with the following changes: Removes provisions amending the Illinois Vehicle Code. Amends the Illinois Anatomical Gift Act. Requires the Secretary of State to create a database consisting of all individuals who have consented to having their names included in the First Person Consent organ and tissue donor registry who have consented to having their names included in the First Person Consent organ and tissue donor registry. Provides what shall be included in the database and requires the Secretary of State to update the database not less than every 7 days. Allows an organ procurement organization that has executed a data access agreement with the Secretary of State to have online access to the database to determine whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry. Requires the organ procurement organization to indemnify and hold harmless the State, its officials, and employees for certain costs arising out of the organ procurement organization's use of the database. Effective January 1, 2020.

Amends the Equal Pay Act of 2003. Prohibits an employer from: (i) screening job applicants based on their wage or salary history, (ii) requiring that an applicant's prior wages satisfy minimum or maximum criteria, and (iii) requesting or requiring as a condition of being interviewed or as a condition of continuing to be considered for an offer of employment that an applicant disclose prior wages or salary. Prohibits an employer from seeking the salary, including benefits or other compensation or salary history, of a job applicant from any current or former employer, with some exceptions. Limits defenses. Provides for penalties and injunctive relief. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Equal Pay Act of 2003. Provides that the exceptions to the equal pay requirement based on sex also apply to the equal pay requirement for African-American employees. Provides that an employer may prohibit a human resources employee, supervisor, or other employee whose job responsibilities require or allow access to other employees' wage or salary information from disclosing that information without prior written consent from the employee whose information is sought or requested. Provides that specified provisions shall not be construed to prevent an employer or employment agency from: providing information about the wages, benefits, compensation, or salary offered in relation to a position; or engaging in discussions with an applicant for employment about the applicant's expectations with respect to wage or salary, benefits, and other compensation. Provides that an employer is not in violation of specified provisions when a job applicant voluntarily and without prompting discloses his or her current or prior wage or salary history, including benefits or other compensation, on the condition that the employer does not consider or rely on the voluntary disclosures as a factor in determining whether to offer a job applicant employment, in making an offer of compensation, or in determining future wages, salary, benefits, or other compensation. Makes other changes. Effective 60 days after becoming law. Senate Floor Amendment No. 2 Provides that a wage differential factor that is not based on sex or a factor that would constitute unlawful discrimination under the Illinois Human Rights Act must account for the differential (instead of "the entire differential").

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.

Amends the Children and Family Services Act. Requires the Department of Children and Family Services, in coordination with specified entities, to develop and process a standardized survey to gather feedback from children who are aging out of foster care and from children who have transitioned out of the foster care system. Provides that the survey shall include requests for information regarding the children's experience with and opinion of State foster care services, the children's recommendations for improvement of such services, the amount of time the children spent in the foster care system, and any other information deemed relevant by the Department. Provides that after the survey is created the Department shall circulate the survey to all youth participating in transitional living programs, independent living programs, or Youth in College and to all youth receiving scholarships or tuition waivers under the DCFS Scholarship Program. Requires the Department to conduct the survey every 5 years and to submit a report to the Governor and the General Assembly at the completion of each survey. Provides that the first report shall be submitted no later than December 1, 2021 and shall provide a detailed review of the survey results. House Floor Amendment No. 1 Adds reference to: 20 ILCS 505/39.3 Further amends the Children and Family Services Act. Requires the Department of Children and Family Services to place a locked suggestion box in each group home, shelter, and transitional living arrangement that accepts youth in care for placement by the Department. Requires the Department to submit a report to the General Assembly each year outlining the issues and concerns submitted to the locked suggestion box and the solution to each issue and concern.

Amends the Personnel Code. Provides that the Department of Central Management Services is not required to verify positions within the Department of Juvenile Justice requiring licensure by the State Board of Education under the School Code. Amends the Criminal Identification Act. Makes a technical change concerning the sealing of records. Amends the Juvenile Court Act of 1987. Provides that if a minor committed to the Department of Juvenile Justice and who resides in the State is charged under the criminal laws of this State, the criminal laws of any other state, or the federal jurisdiction with similar penalties with an offense that could result in a sentence of imprisonment within the Department of Corrections, another state's department of corrections, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall include in its report to the Governor and General Assembly staff-to-youth ratios in accordance with the federal Prison Rape Elimination Act definitions. Makes other changes. House Floor Amendment No. 1 Provides that the Department of Central Management Services is not required to verify the license, endorsement, or both, of individuals seeking positions within the Department of Juvenile Justice requiring licensure by the State Board of Education. Provides that if, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in the State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. Makes conforming changes.

Amends the Juvenile Court Act of 1987. Provides that the court has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings: (1) the minor is declared a dependent of the court or the minor is legally committed to, or placed under the custody of, a State agency or department, or an individual or entity appointed by the court; (2) that reunification of the minor with one or both of the minor's parents is not viable due to abuse, neglect, abandonment, or other similar basis; and (3) that it is not in the best interest of the minor to be returned to the minor's or parent's previous country of nationality or last habitual residence. Makes other changes. House Committee Amendment No. 1 Adds reference to: 750 ILCS 5/603.11 new 750 ILCS 46/613.5 new 750 ILCS 50/17.01 new 750 ILCS 60/214.5 new 755 ILCS 5/11-5.5 new Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Deletes language providing that the special immigrant minor provisions of the Juvenile Court Act of 1987 do not apply to a minor who applies for special immigrant minor status solely for the purpose of qualifying for financial assistance for himself or herself or for his or her parents, guardian, or custodian. Amends the Illinois Marriage and Dissolution of Marriage Act, Illinois Parentage Act of 2015, the Adoption Act, and the Probate Act of 1975. Provides that a court of the State that is competent to petitions under those Acts has jurisdiction to make the findings necessary to enable a child, who is the subject of the action, to petition the United States Citizenship and Immigration Services for classification as a Special Immigrant Juvenile under federal law. Provides that if a motion requests findings regarding Special Immigrant Juvenile Status under federal law, and the evidence, which may consist solely of, but is not limited to, a declaration by the child, supports the findings, the court shall issue an order with certain specifications. Makes other changes.